Hearings Show Openness Value

October 30, 1985

THE IDEA that a committee interviewing would-be judges needs to meet in secret is nonsense. That was proven last week when a local Judicial Nominating Commission (JNC) held its first public questioning of judicial applicants.

When two $67,276 Broward County Circuit Court vacancies opened, 26 candidates applied, including six County Court judges and seven prosecutors.

Even commission chairman Terrence Russell, a former Broward County Bar president and a longtime supporter of JNC secrecy, had to admit that the open hearings went well.

Russell said the questions were as probing and the responses as candid as in the past, with no one stifled because press and public were looking on. He still feels the open hearings cut down on the number of applicants, pointing out there were 45 applicants for one vacancy last year.

The debate over this little-known activity should invite interest by everyone in the community, because this is how nearly all judges are chosen. Theoretically, County Court and Circuit Court judges are elected by voters. In reality, most judges are first appointed by the governor to fill vacant seats and then returned to office automatically, without ever having to face the voters, because no one runs against them.

Until now, the selection process has only been open to insiders, the nine members of each local Judicial Nominating Commission who reviewed the resumes of applicants, questioned them privately and then recommended three finalists, from which the governor made his choice.

In the past, some applicants who didn`t get appointed have complained bitterly that they were treated unfairly by nominating commission members, subjected to unreasonably intrusive questioning or blackballed because they belonged to the wrong political party or had supported the wrong political candidate. Until now, there was no way for the public to know the truth of some of these allegations, because local commission meetings were secret.

A few years ago, the Supreme Court Judicial Nominating Commission elected to hold its candidate interviews publicly, although it closed the doors for its final deliberations. Then a local commission in the Panhandle conducted an experimental open session, with positive results. Now, because voters approved a constitutional amendment last fall, openness is the rule.

There is room, however, for further improvement. At 15 minutes apiece, the interviews were far too short to give candidates a fair hearing. At least a half hour should be provided. Far too few members of the public showed up, although that could be understandable for a first-time event. Also, the Supreme Court should change the rules so the final deliberations of the nominating commissions are held openly, too.

Florida has pioneered the Government in the Sunshine principle. City managers, county administrators, university presidents and school superintendents long have had to be selected ``in the sunshine.`` Anyone who offers himself or herself for public service must expect to surrender some privacy and be subjected to public scrutiny.

Florida has waited far too long to apply the rule to judicial aspirants. The good that will come of it will far outweigh any possible bad. The public`s business, after all, should be done publicly.